Employer's Freedom to Contract

Paper Summary:

The paper discusses the right of the employer to employ whomever he or she wishes with an analysis of the history of the freedom to contract from the leading case Allen vs. Flood and Taylor. The paper considers the implications of the employer exercising his or her right and the issue of discrimination.

Outline
Introduction
Development
Challenges Facing Employers
Conclusion

From the Paper:

"The general rule within the common law system is that the employer is free to offer employment to whomsoever he chooses . This inherent principle, it has been argued, should not be interfered with by the whim of popular legislation in order for the government of the time to succeed within election campaign times . The challenge faced by governments and the Courts is to create an equal balance between protecting the rights of employees from exploitation and discrimination and allowing corporations to be managed as productively and independently as possible within a highly competitive market place."

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